On April 4, 2024, Kentucky’s Governor signed House Bill 15, which establishes a consumer data privacy law for the state. The state joins New Hampshire and New Jersey in passing comprehensive consumer privacy laws in 2024....more
On March 6, 2024, New Hampshire’s Governor signed Senate Bill 255, which establishes a consumer data privacy law for the state. The Granite State joins the myriad of state consumer data privacy laws. It is the second state in...more
3/7/2024
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
COPPA ,
Corporate Counsel ,
Data Controller ,
Data Privacy ,
Governor Sununu ,
Gramm-Leach-Blilely Act ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Legislation ,
Personal Data ,
State Privacy Laws
On December 16, 2022, the California Privacy Protection Agency (CPPA) had its final meeting before the California Privacy Rights Act (CPRA) which amended the California Consumer Privacy Act takes effect on January 1, 2023....more
1. What’s changing?
Under the current version of the California Consumer Privacy Act (“CCPA”), an employer’s obligations related to the personal information it collects from employees, applicants, and contractors residing...more
9/28/2022
/ California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Privacy ,
Do Not Sell ,
Employee Rights ,
Job Applicants ,
Notice Requirements ,
Personal Information ,
Privacy Policy
When the California Consumer Privacy Act of 2018 (CCPA) became law, it was only a matter of time before other states adopted their own statutes intending to enhance privacy rights and consumer protection for their residents. ...more
5/4/2022
/ California Consumer Privacy Act (CCPA) ,
Connecticut ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Breach ,
Data Privacy ,
Enforcement ,
General Data Protection Regulation (GDPR) ,
Personal Data ,
Risk Assessment ,
State Privacy Laws
The California Consumer Privacy Act (CCPA), considered one of the most expansive U.S. privacy laws to date, went into effect on January 1, 2020. The CCPA placed significant limitations on the collection and sale of a...more
1/20/2022
/ Biometric Information ,
California Consumer Privacy Act (CCPA) ,
California Privacy Rights Act (CPRA) ,
CMIA ,
Consumer Privacy Rights ,
Contractors ,
Cookies ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Covered Business ,
Data Breach ,
Data Deletion ,
Data Privacy ,
Data Protection ,
Do Not Sell ,
For-Profit Corporations ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
Opt-Outs ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Record Retention ,
Sensitive Personal Information ,
Third-Party
According to reports, Kronos, the cloud-based, HR management service provider, suffered a data incident involving ransomware affecting its information systems. Kronos communicated that it discovered the incident late on...more
Yesterday, Baltimore’s local ordinance prohibiting persons from “obtaining, retaining, accessing, or using certain face surveillance technology or any information obtained from certain face surveillance technology,” became...more
The Texas Legislature, which meets every other year, pushed a change to its data breach notification law at the end of the session in late May, and yesterday Governor Greg Abbott signed the bill into law...more
6/15/2021
/ Corporate Counsel ,
Cybersecurity ,
Cybersecurity Information Sharing Act (CISA) ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Governor Abbott ,
Notification Requirements ,
State Attorneys General ,
State Data Breach Notification Statutes
On May 13th, New York State Senator Kevin Thomas, Chair of NY’s Consumer Protection Committee, reintroduced the New York Privacy Act (“NYPA”), a comprehensive consumer privacy law similar in kind to the California Consumer...more
5/26/2021
/ Anti-Discrimination Policies ,
California Consumer Privacy Act (CCPA) ,
CDPA ,
Consumer Privacy Rights ,
Corporate Counsel ,
Data Controller ,
DPPA ,
Duty of Care ,
FERPA ,
GLBA Privacy ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HITECH Act ,
New York ,
Opt-In ,
Personal Data ,
Personally Identifiable Information ,
Private Right of Action ,
Proposed Legislation ,
Right to Delete ,
Written Notice
In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss how employers can undertake Diversity, Equity and Inclusion (DEI) initiatives without risking class action discrimination suits; wage and...more
5/13/2021
/ Business Expenses ,
Class Action ,
Compensation ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Gender Discrimination ,
Non-Exempt Employees ,
Pay Equity Laws ,
Race Discrimination ,
Reimbursements ,
Remote Working ,
Rest and Meal Break ,
Return-to-Work Agreements ,
Statute of Limitations ,
Telecommuting ,
Vaccinations ,
Wage and Hour
The 11th Circuit recently weighed in on the hottest issue is data breach litigation, whether a demonstration of actual harm is required to have standing to sue. Joining several other circuit courts, the 11th Circuit in Tsao...more
3/24/2021
/ Class Action ,
Corporate Counsel ,
Cyber Attacks ,
Cybersecurity ,
Data Breach ,
Future Harm ,
GAO ,
Hackers ,
Identity Theft ,
Injury-in-Fact ,
Personally Identifiable Information ,
Unauthorized Transactions
As employers continue to grapple with a safe return to the workplace, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance for businesses and employers on SARS-CoV-2 testing of employees, as part of a...more
1/28/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Informed Consent ,
New Guidance ,
Virus Testing ,
Workplace Safety
As the COVID-19 pandemic continues to alter work lives in profound ways, employers are confronted with additional liability risks. The pandemic has created a wave of litigation that is unlikely to ebb until well after the...more
11/3/2020
/ ABC Test ,
Administrative Law Judge (ALJ) ,
Class Action ,
Collective Actions ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Due Diligence ,
Fair Labor Standards Act (FLSA) ,
Furloughs ,
Hybrid Plan ,
Independent Contractors ,
Mitigating Factors ,
Remote Working ,
USERRA ,
Wage and Hour ,
WARN Act
Since March of this year, the Equal Employment Opportunity Commission (EEOC) has released guidance on a near-monthly basis addressing various FAQs concerning COVID-19 issues. The guidance has focused on disability-related...more
9/9/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Confidential Information ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Remote Working ,
Screening Procedures ,
Title VII ,
Virus Testing ,
Workplace Safety
Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue,...more
8/6/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Class Action ,
COBRA ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retention ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Furloughs ,
Layoffs ,
No-Poaching ,
OSHA ,
Personal Protective Equipment ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Wage and Hour ,
WARN Act ,
Workplace Safety
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers using data analytics, including the following...more
In back-to-back decisions bound to have significant impact on Telephone Consumer Protection Act (TCPA) class action litigation, the Eleventh and Seventh Circuit Courts recently reached similar conclusions, narrowly holding...more
As reported by Bloomberg Law, data breach class action litigation has begun under the California Consumer Privacy Act (CCPA). Filed in the Northern District of California, San Francisco Division, a putative class action...more
Our quarterly report discusses new developments in class action litigation and offers strategic guidance and tactical tips on how to defend such claims. This issue covers the following topics:
•California Consumer Privacy...more
Employers, you are not out of the CCPA woods yet.
If you have been tracking the proposed amendments to the California Consumer Privacy Act (CCPA), you know that businesses and stakeholders have been clamoring to shape the...more
7/12/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Personal Information ,
Popular ,
Privacy Laws ,
Private Right of Action ,
Right to Delete
The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims.
...more
7/10/2019
/ Age Discrimination ,
Arbitration ,
Auer Deference ,
Civil Rights Act ,
Class Arbitration ,
Corporate Counsel ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Arbitration Act ,
Fort Bend County Texas v Davis ,
Kisor v Wilkie ,
Lamps Plus Inc v Varela ,
Mount Lemmon Fire District v Guido ,
Parker Drilling Management Services Ltd v Newton ,
SCOTUS ,
Title VII ,
Wage and Hour
Ever since the California Consumer Privacy Act (CCPA) was enacted in June of 2018 it has been in a constant state of revision. First, in September of 2018, Governor Jerry Brown signed into law Senate Bill 1121, which helped...more
5/3/2019
/ California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
Opt-Outs ,
Personally Identifiable Information ,
Privacy Laws ,
Right to Delete
Yesterday, the U.S. Supreme Court rejected a petition for a writ of certiorari by Zappos requesting the Court to review a Ninth Circuit Court decision which allowed customers affected by a data breach to proceed with a...more
On February 25, 2019, the Third Circuit held that a New Jersey engineering firm that monitored its former employees’ social media accounts was not barred from winning an injunction to prevent four former employees from...more